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LCQ20: Protecting animal welfare  
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     Following is a question by the Dr Hon Elizabeth Quat and a written reply by the Secretary for Food and Health, Professor Sophia Chan, in the Legislative Council today (May 2):

Question:

     Incidents of cruelty to animals have occurred from time to time in recent years. Last month, a total of 17 dogs in Tai Po and Fanling died of suspected wrong intake of poisoned baits, and a Japanese spitz was allegedly thrown from a height and died tragically. Recently, a mongrel in Wan Chai was also allegedly thrown from a height and died at the scene. Some members of the public have pointed out that such incidents have shown that there are loopholes in the animal protection legislation in Hong Kong, and that the Police have not formulated a proper mechanism for handling cases of cruelty to animals. They hope that the Government will expeditiously review the laws and enact legislation in response to social needs in order to better safeguard animal welfare. In this connection, will the Government inform this Council:

(1) as the Government has indicated that it will study the existing legislation related to animal welfare, such as the Prevention of Cruelty to Animals Ordinance (Cap. 169), and explore the introduction into the law of a concept of positive duty of care of animals on animal keepers, of the latest progress of such work; whether the authorities will (i) create an offence of aggravated cruelty to animals to address certain acts of extreme cruelty to animals (e.g. serial killing of animals by poisoning them) and stipulate a penalty for such offence which is more severe than that under Cap. 169 to enhance the deterrent effect, and (ii) make it mandatory for convicted persons to receive psychological counselling and attend courses on animal-friendly practices; if so, of the details and timetable; if not, the reasons for that;

(2) whether the authorities will explore empowering frontline law enforcement officers to take rescue actions when animals are in danger and establishing a system whereby law enforcement departments may issue, to persons who are negligent in taking care of animals, Care Enhancement Notices setting out the areas of improvement which they need to make, so as to prevent more animals from being harmed; if so, of the details and timetable; if not, the reasons for that;

(3) as the Commissioner of Police has recently announced that the number of police districts which have assigned a dedicated team to handle cases of cruelty to animals will increase from 13 to 22, of the scope of work of those police officers belonging to such dedicated teams; how the Hong Kong Police Force will deepen its existing work on animal protection to enhance the efficiency of current law enforcement efforts;

(4) whether there was an upward trend in the number of cases of cruelty to animals in the past five years; if so, whether the authorities will (i) actively consider establishing an animal police team dedicated to investigating cases of cruelty to and abandonment of animals, stepping up training for frontline law enforcement officers to enhance their ability and alertness in handling such cases, as well as enhancing the knowledge of prosecutors on animal welfare-related legislation to ensure the strict enforcement of the legislation, and (ii) set up a hotline for reporting cruelty to animals; if so, of the details and timetable; if not, the reasons for that;

(5) as it has been reported that there are greater difficulties in collecting and adducing evidence for dog poisoning cases when compared with other dog abuse cases in general, including the requirement for the prosecution to prove that a person who places/feeds poisoned baits has a motive to poison dogs in order to stand a better chance of convicting him, whether the authorities will explore the enactment of a dedicated legislation on deliberate acts of animal poisoning and actively review the investigation and prosecution procedures on related offences, so as to ensure that offenders will be brought to justice; if so, of the details and timetable; if not, the reasons for that; and

(6) whether the authorities will, by making reference to the United Kingdom's enactment of a new and comprehensive Animal Welfare Act in 2006, expeditiously commence a study and a legislative exercise on introducing an Animal Welfare Ordinance in Hong Kong, so as to ensure that animals are taken care of properly; if so, of the details and timetable; if not, the reasons for that?

Reply:

President,

     The Government attaches great importance to protecting animal welfare, and implements a series of measures, including prohibiting and punishing acts of animal cruelty under the Prevention of Cruelty to Animals Ordinance (Cap. 169) (Ordinance). In 2011, the Hong Kong Police Force (the Police), together with the Agriculture, Fisheries and Conservation Department (AFCD), the Society for the Prevention of Cruelty to Animals (Hong Kong) (SPCA) and veterinary associations, introduced the Animal Watch Scheme (the Scheme) to strengthen efforts in tackling animal cruelty cases.

     Having consulted the Security Bureau, my reply to various parts of the question is as follows:

(1),(2),(5) and (6) Under the Ordinance, any person who, by wantonly or unreasonably doing or omitting to do any act, causes any unnecessary suffering to any animal commits an offence.  The Government amended the level of penalty provided in the Ordinance in 2006, by substantially increasing the maximum fine from $5,000 to $200,000, and the maximum imprisonment from six months to three years. The maximum penalty under the Ordinance is in fact higher than most developed places.

     Poisoning of animals will cause unnecessary sufferings to animals, and may be prosecuted under the Ordinance. We trust that the court will take into account the circumstances and gravity of individual cases in determining sentences. Upon receiving reports of suspected animal cruelty cases, AFCD and the Police will conduct investigations.  Under Section 4 of the Ordinance, the Police and the relevant Government officers may enter and search any building if they have reason to suspect that any offence against the Ordinance is being or has been committed. The animals concerned may be seized and suitably taken care of by AFCD.

     To further enhance protection of animal welfare, we are reviewing the existing legislation relating to animal welfare, in particular the Ordinance, including exploring the introduction of a concept of positive duty of care on animal keepers, and authorising Government officers to issue "animal care improvement notices" to persons failing to take proper care of animals. We will formulate relevant legislative proposals by making reference to overseas experience, and considering the actual situation in Hong Kong and views of animal welfare organisations and other stakeholders. Although the maximum penalty under the Ordinance is higher than that of many overseas places, we will also re-examine the penalty level under the Ordinance.  We plan to formulate preliminary proposals and consult stakeholders in the second half of 2018.

     The Government currently has no plan to amend the legislation to make it compulsory for persons convicted of animal cruelty offences to receive psychological counselling or attend courses on caring for animals. As the motives and underlying reasons for committing such offences could vary from one case to another, requiring each and every person convicted of animal cruelty offences to receive mandatory psychological counselling may not be most appropriate.

(3) and (4) The Scheme combats animal cruelty cases mainly through a four-pronged approach covering education and training, publicity, intelligence gathering and investigation, and aims to reinforce collaboration among various stakeholders and strengthen Police efforts in the investigation of animal cruelty cases.  Since 2017, the College of Veterinary Medicine and Life Sciences of the City University of Hong Kong has also joined the Scheme.

     On education and training, the Police invite officers from AFCD and SPCA to explain the multi-agency approach for the investigation of animal cruelty cases to Police officers participating in foundation training and criminal investigation courses. In addition, the Police invite relevant officers to share their experience at seminars organised from time to time, and also plan to incorporate the handling of animal cruelty in the training days of various Police districts, so that frontline officers can have a better grasp of the latest situation and trend of animal cruelty.

     On publicity and promotion, the Police promote the Scheme to members of the public through various channels, and also encourage frontline units to organise various publicity campaigns in collaboration with AFCD, SPCA, veterinarian associations and animal welfare organisations to engage and secure support from the community, with a view to enhancing public awareness of prevention of cruelty to animals. The Police organised the One-Arm Push Up charity fundraising event earlier on to express their full support for animal care and to draw the public's attention to this problem.

     On intelligence gathering, the Scheme encourages SPCA, veterinarians, animal concern groups and members of the public to report any persons or activities suspected to be involved in animal cruelty, so as to strengthen the intelligence gathering network.

     On case investigation, in the light of public demand to have dedicated criminal investigation teams set up in Police districts to handle animal cruelty cases, the Police announced in mid-April this year that dedicated investigation teams, comprising Police officers with criminal investigation experience and skills in handling other serious crimes, have been set up in 22 Police districts with criminal investigation teams across the territory. Furthermore, a platform is in place for dedicated investigation teams of various districts to exchange their experience in crime investigation. The Police also provide training on the handling of animal cruelty cases for relevant officers to ensure they are able to conduct thorough investigations into such cases. Moreover, the Police, AFCD and SPCA have established a cooperation mechanism, whereby officers from AFCD and SPCA will provide professional advice and assist in investigation at the scene of an animal cruelty case where necessary.

     There was fluctuation in the number of animal cruelty cases in the past five years, and there is no obvious upward trend. Members of the public may call 999 to report a suspected act of animal cruelty to the Police, or 1823 Call Centre to AFCD. Upon receipt of a report, the relevant departments will conduct investigations and take appropriate actions.
 
Ends/Wednesday, May 2, 2018
Issued at HKT 17:50
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